Can foreigners buy property in the US? Complete 2026 guide for non-US citizens
Foreign nationals can legally purchase homes, rental properties, and other real estate in the United States without becoming US citizens or permanent residents. Buying the property is often the straightforward part. The tax consequences – particularly FIRPTA withholding, US rental-income tax, Form 1040-NR reporting, and federal estate tax – require more attention.
The rules also depend on where the property is located. State restrictions on certain foreign ownership, federal CFIUS rules around specified military installations, and agricultural-land reporting can affect transactions that would otherwise be permitted.
Can foreigners buy property in the USA? The short answer
Yes, foreigners can buy property in the USA. There is no general federal citizenship or visa requirement for purchasing an ordinary US home, although federal national-security rules and state land-ownership laws can restrict specific transactions.
For most residential purchases, citizenship does not determine whether someone can acquire title. A foreign buyer also does not need a green card simply to own real estate. Tax status becomes important once the property produces rental income, is sold, or forms part of the owner's US estate.
A buyer who becomes a nonresident alien for US tax purposes can face rules that do not apply to a typical US resident. The IRS explains how nonresident aliens are taxed on US real property, including the 30% gross-income rule for certain rental income and the Section 871(d) election.
TFX also explains how resident and nonresident classifications affect a non-US citizen's federal return. Those classifications matter because ownership itself does not determine whether Form 1040 or Form 1040-NR applies.
So, can a foreigner buy a house in the USA? Yes. The purchase is usually permitted, but the buyer should review federal, state, financing, income-tax, and estate-tax consequences before closing.
Federal law vs. state restrictions: What rules actually apply?
There is no general federal prohibition on foreign ownership of ordinary US residential property, but federal security rules and state statutes can restrict particular buyers, locations, and land types. In 2026, CFIUS jurisdiction can reach specified real estate near listed military installations.
The rules for foreigners buying property in the USA fall into four separate layers:
- Federal baseline: A foreign national can normally acquire an ordinary house, condominium, or investment property without US citizenship.
- State restrictions: A growing group of states restricts certain foreign persons, governments, or entities from acquiring agricultural land, land near military facilities, or other specified real estate.
- CFIUS review: Certain purchases, leases, or concessions involving strategically located real estate can fall within the Committee on Foreign Investment in the United States rules.
- Local rules: Zoning, building codes, deed restrictions, condominium rules, and local property-tax requirements apply regardless of citizenship.
Federal agricultural-land rules add another obligation. Under the Agricultural Foreign Investment Disclosure Act, qualifying foreign persons generally must report acquisitions and dispositions of US agricultural land to the Department of Agriculture.
TFX's discussion of tax rules affecting non-US citizen property investors provides additional background on how foreign status affects federal tax documentation.
The new rules for foreigners buying property in the USA are therefore not a nationwide ban. Buyers need to check the law of the state where the property sits and, for sensitive locations, whether the property falls within federal CFIUS jurisdiction.
Which countries have tax treaties that affect US property ownership?
US income and estate tax treaties can change the tax consequences of US property ownership, but treaty benefits differ by country and by tax. A treaty does not, by itself, remove the buyer's FIRPTA responsibilities when a foreign person later sells US real estate.
The United States has income tax treaties with numerous countries, but each treaty must be checked separately. Under US rules, income from real property situated in the United States normally remains taxable in the United States even where a treaty applies.
Three treaty issues deserve separate review:
- A treaty may reduce the normal 30% withholding rate for certain US-source income, depending on the income category and treaty text.
- US estate-tax treaties with certain countries can provide credits, prorated exemptions, or situs rules that alter the normal treatment of a nonresident noncitizen's estate.
- A taxpayer claiming a treaty position may need to disclose or substantiate that position on the applicable US return.
The IRS's guidance on US-source income paid to nonresident aliens explains that withholding rates depend on the income type and applicable treaty.
A taxpayer's residence classification can also change treaty eligibility. TFX explains the substantial presence test for foreign nationals, which should be considered separately from immigration status.
For tax treaty benefits property income must be checked treaty by treaty. A buyer should not assume that a treaty automatically overrides FIRPTA or eliminates US tax on US real estate.
Documentation required for foreigners buying property in the USA
No single federal document checklist applies to every foreign real estate purchase. An ITIN is not required merely to hold title, but Form W-7, identity documents, financing records, and tax forms can become necessary depending on the transaction and the property's use.
A foreign buyer should expect up to six categories of documentation:
- Passport or government-issued identification – normally required for identity verification by lenders, closing professionals, or financial institutions.
- ITIN where required – an Individual Taxpayer Identification Number may be necessary for US tax filings, withholding certificates, refunds, or other tax matters when the buyer is not eligible for a Social Security number.
- Proof of funds or mortgage approval – the lender, seller, or closing agent may request bank statements or financing documentation.
- Form W-8 series documentation – Form W-8BEN, W-8BEN-E, or another Form W-8 can apply when a foreign person receives US-source payments subject to withholding.
- Payment and banking instructions – a US bank account can make closing and ongoing expenses easier, but federal law does not impose a universal US-bank-account requirement merely to buy real estate.
- Source-of-funds records – banks, lenders, title companies, and other regulated parties can request documentation supporting the origin of purchase funds.
An ITIN is a federal tax-processing number. It does not authorize employment, create immigration status, or give someone a right to live in the United States.
Foreign investors considering an entity should also review TFX's guide to forming a US LLC as a non-resident before selecting the ownership structure.
How to get an ITIN for a US property purchase
A foreign buyer applies for an ITIN on Form W-7, but purchasing a property does not automatically qualify someone for an ITIN. The applicant needs a federal tax purpose and must meet the Form W-7 documentation rules or a permitted exception.
The ITIN for property purchase process normally involves these four steps:
- Complete Form W-7 and identify the applicable reason for applying.
- Provide original identification documents or copies certified by the issuing agency, subject to IRS rules.
- Attach the required federal tax return unless a Form W-7 exception applies.
- Submit the package to the IRS directly, through an IRS Taxpayer Assistance Center that provides document authentication, or through an authorized Acceptance Agent or Certifying Acceptance Agent.
A Certifying Acceptance Agent can verify qualifying identity documents and return them after review instead of requiring every applicant to mail original documents to the IRS.
Foreign sellers have special ITIN procedures connected with Forms 8288, 8288-A, and 8288-B. Buyers should distinguish those rules from the separate question of whether an ITIN is needed at the original acquisition.
Financing options: Can foreigners get a mortgage in the USA?
Yes. Foreign buyers can obtain US mortgages, but there is no federal rule requiring a universal 25%–40% down payment. Foreign national mortgage terms are lender-specific and commonly involve larger down payments, additional reserves, and different income documentation than standard domestic mortgages.
For anyone asking can foreigners buy property in USA with mortgage, there are five main financing routes and considerations:
- Cash: Eliminates mortgage underwriting but does not remove US tax or reporting rules.
- Foreign national mortgage: Some US lenders offer programs designed for non-US citizens without conventional US credit histories.
- Larger equity contribution: A lender may require a larger down payment because it has less US credit information or fewer domestic assets available to assess.
- Portfolio loan: Some institutions retain foreign-national mortgages instead of selling them through conventional secondary-market channels.
- Income and asset documentation: A lender can require foreign bank statements, tax returns, employment records, translations, currency conversions, or evidence of reserves.
Foreign buyer loan requirements depend on the lender, immigration status, country of residence, property type, loan-to-value ratio, and intended use of the property. There is no single nationwide foreign-buyer mortgage standard.
Can a foreigner buy a house in the USA with financing? Yes, but borrowers should compare the lender's total cost rather than focusing only on the down payment. Interest rates, reserve requirements, appraisal rules, and closing costs can differ substantially between programs.
FIRPTA: The most important tax law for foreign property buyers
The Foreign Investment in Real Property Tax Act generally requires a buyer to withhold 15% of the amount realized when purchasing a US real property interest from a foreign seller. The withholding is a prepayment toward the seller's US tax liability, not a separate 15% tax on the gain.
FIRPTA withholding requirements matter at the sale rather than when a foreign national first acquires an ordinary property. In most direct sales, the buyer is the withholding agent and can be liable if required withholding is not collected and remitted.
TFX explains the underlying tax treatment in its guide to capital gains tax for nonresident aliens.
For an individual foreign seller, the standard FIRPTA rate is 15% of the amount realized, while two residence-related exceptions can reduce that amount.
| Transaction | 2026 FIRPTA withholding treatment |
|---|---|
| Standard covered disposition | Generally 15% of the amount realized |
| Buyer will use property as a residence, amount realized over $300,000 but no more than $1 million | Generally 10% |
| Buyer will use property as a residence, amount realized $300,000 or less | Withholding generally not required if the statutory residence conditions are met |
| IRS withholding certificate | IRS may authorize reduced or zero withholding based on the transaction |
Form 8288 is filed by the withholding agent with the payment, with Form 8288-A used to report the transferor's withholding. Form 8288-B is the application for a withholding certificate when a reduced amount is appropriate.
The Foreign Investment in Real Property Tax Act therefore affects both sides of a later sale. A foreign owner should review FIRPTA before signing closing documents because obtaining a withholding certificate takes planning.
Rental income tax: What foreign property owners must report
A nonresident alien's US rental income is normally subject to 30% tax on gross rental income if it is not effectively connected with a US trade or business, unless a lower treaty rate applies. Section 871(d) allows qualifying owners to elect net-basis taxation instead.
Rental income reporting requirements depend heavily on whether the owner makes the Section 871(d) election.
The three principal rules are:
- Default FDAP treatment: US rental income that is not effectively connected with a US trade or business is generally taxed at 30% of gross income, or a lower treaty rate, without ordinary rental deductions.
- Section 871(d) election: A nonresident alien can elect to treat qualifying US real-property income as effectively connected income. That permits deductions attributable to the rental activity and taxes the resulting net income at graduated rates.
- Continuing election: Once made, the Section 871(d) election continues for later years unless revoked under the applicable rules.
TFX's foreign rental income tax guide explains rental reporting concepts that property owners should distinguish from the specific NRA rules applicable to US-situs property.
The election is reported through Form 1040-NR and the rental activity is generally detailed on Schedule E. A foreign landlord making the election may also provide Form W-8ECI to the withholding agent where required.
Deductible expenses foreign landlords can claim on US rental property
A nonresident alien who properly elects net-basis taxation under Section 871(d) can deduct qualifying expenses attributable to the US rental property rather than paying tax on gross rent without deductions. Schedule E and Form 1040-NR are central to this reporting.
The following eight expense categories commonly arise for a qualifying rental:
- Mortgage interest, subject to applicable limitations
- Property taxes
- Building depreciation
- Property management fees
- Repairs and maintenance
- Insurance premiums
- Advertising expenses
- Legal and accounting fees related to the rental activity
TFX's guide to deductible expenses for property investments explains the distinction between currently deductible expenses and costs that must be capitalized.
Based on our client scenario at TFX: Assume a nonresident landlord collects $40,000 of annual rent and incurs $18,000 of allowable operating expenses and depreciation. The default 30% gross-income treatment starts with $40,000, while a valid Section 871(d) election generally applies graduated tax rates to the net taxable amount after allowable deductions.
That difference is why US property tax for foreigners cannot be estimated from gross rent alone when a net-basis election is available.
Capital gains tax when a foreigner sells US property
A foreign person's gain from selling a US real property interest is subject to US federal income tax, while FIRPTA withholding is generally credited against the final liability. Property held for more than 1 year can qualify for long-term capital-gain treatment.
A foreign seller generally reports the transaction on Form 1040-NR. If FIRPTA withholding exceeds the actual federal tax due, filing the return is how an individual seller ordinarily claims the excess as a refund.
The US real estate capital gains tax calculation starts with the property's adjusted basis, selling price, capital improvements, depreciation adjustments, and selling costs. Depreciation previously allowable on rental property can also affect the character and amount of taxable gain.
TFX's guide to Section 1031 like-kind exchanges for rental property covers the requirements for qualifying exchanges.
A non-resident alien property purchase therefore needs an exit strategy as well as an acquisition plan. FIRPTA, depreciation, capital improvements, and possible Section 1031 treatment can all affect the result years later.
US estate tax for foreign property owners: A critical risk
A nonresident noncitizen who dies owning US-situs real property can be subject to US federal estate tax, and Form 706-NA has a $60,000 US-situs filing threshold. By contrast, the 2026 basic exclusion amount for US citizens and US domiciliaries is $15 million.
This difference makes estate tax foreign property owners face one of the most important planning issues in US real estate. A vacation home worth several hundred thousand dollars can exceed the ordinary nonresident noncitizen threshold even when the owner has no other US property.
TFX's guide to federal estate-tax considerations for foreigners investing in the United States explains the broader US-situs framework.
Estate-tax treaties can change the result for residents or citizens of certain treaty countries. Depending on the treaty, an estate may receive a prorated unified credit, additional marital treatment, or other relief.
An executor can also need an IRS transfer certificate before a custodian or other party releases certain US assets. The IRS publishes separate transfer-certificate filing requirements for estates of nonresidents who were not US citizens.
Nonresident alien estate tax exemption vs. US citizen exemption
For deaths in 2026, a US citizen or US domiciliary has a $15 million basic exclusion amount, while a nonresident noncitizen generally crosses the Form 706-NA filing threshold once covered US-situs assets and applicable adjustments exceed $60,000. Treaty relief can alter the nonresident result.
A $500,000 US vacation home can therefore create an estate-tax filing and potential tax exposure for a nonresident noncitizen even though the same asset alone would be far below the 2026 $15 million basic exclusion for a US domiciliary.
| Owner at death | General federal estate-tax scope | 2026 baseline |
|---|---|---|
| US citizen or US domiciliary | Worldwide estate | $15 million basic exclusion amount, subject to applicable adjustments |
| Nonresident noncitizen without treaty relief | Primarily US-situs assets | Form 706-NA filing threshold generally $60,000 |
| Qualifying treaty-country decedent | Treaty and Code rules apply together | Treaty may alter credits, deductions, or situs treatment |
The $60,000 figure is a filing threshold tied to the nonresident estate-tax credit rules, not a general lifetime exemption equivalent to the $15 million domestic basic exclusion.
TFX's guide to the nonresident alien estate-tax rules for US-situs assets explains the distinction in more detail.
US property inheritance tax also depends on whether the question concerns estate tax imposed on the transfer at death or a later income-tax liability when the heir sells the inherited property.
Ownership structures for foreign property investors: LLC, trust, or personal name?
No ownership structure is automatically best for every foreign investor. A US LLC can provide state-law liability protection, but a disregarded LLC does not automatically eliminate federal estate-tax exposure, and entity choice can add Form 5472, corporate-tax, treaty, and financing consequences.
The following three structures are common starting points:
- Personal ownership: Administratively straightforward and usually transparent for income-tax purposes. Direct ownership leaves the US real property itself within the owner's potential US-situs estate.
- US LLC: Can provide liability protection under state law. A single-member LLC may be disregarded for federal income-tax purposes, and a foreign-owned US disregarded entity can have Form 5472 and pro forma Form 1120 reporting obligations for reportable transactions.
- Foreign corporation: Shares of a genuinely foreign corporation are generally treated differently from direct US real property for federal estate-tax situs purposes, but corporate ownership can introduce US corporate income tax, FIRPTA, branch-profits-tax, treaty, financing, and home-country issues.
TFX's guide to property ownership structures and US tax consequences provides a broader comparison.
An LLC for foreign property investors should therefore be selected because its full legal and tax treatment fits the investor's circumstances – not because an LLC is assumed to remove estate tax.
Beneficial ownership reporting for foreign-owned US property entities
As of October 3, 2026, US-created companies – including domestic LLCs – are exempt from FinCEN's Corporate Transparency Act BOI reporting requirement. Certain foreign entities registered to do business in a US state or tribal jurisdiction can still have BOI obligations.
This is a material change from the original Corporate Transparency Act rules. FinCEN made the domestic-company exemption permanent through a final rule effective August 14, 2026.
TFX's updated guide to beneficial ownership information reporting covers the current rule and its change from the earlier filing regime.
For a foreign company that still qualifies as a reporting company, the applicable FinCEN filing deadline and exemptions should be checked when it registers to do business in a US jurisdiction. Beneficial ownership reporting should not be confused with Form 5472 – the two regimes are separate.
Another 2026 development affects certain non-financed residential transfers. FinCEN's Residential Real Estate Rule was vacated by a federal district court on March 19, 2026, and FinCEN states that reporting is not currently required while that order remains in force and the appeal proceeds.
Get help with your US property tax obligations
Buying property in America as a foreigner can create FIRPTA, Form 5472, rental-income, and estate-tax questions before the first tax return is due.
Step-by-step process for foreigners buying property in the USA
A foreign buyer should address tax status and ownership structure before signing a purchase agreement, not after closing. A 10-step review can identify ITIN, FIRPTA, estate-tax, financing, and rental-reporting issues before they become harder to change.
The following 10 steps cover how to buy property in the USA as a foreigner:
- Determine your US tax status. Identify whether you are a nonresident alien, resident alien, US citizen, or another taxpayer category.
- Determine whether you need an ITIN. Do not apply solely because you want to own property – confirm the federal tax purpose under Form W-7.
- Plan how purchase funds will reach closing. A US account can be convenient, but confirm banking and wire requirements with the closing agent.
- Engage qualified real estate counsel. State property law, contracts, title, and foreign-ownership restrictions differ by jurisdiction.
- Choose the ownership structure before closing. Compare direct ownership, an LLC, a corporation, or a trust based on legal, income-tax, estate-tax, and home-country consequences.
- Arrange financing or proof of funds. Confirm lender requirements before making financing-dependent commitments.
- Complete due diligence. Review title, inspections, zoning, insurance, property taxes, association restrictions, and any state foreign-ownership law.
- Review future FIRPTA exposure. The purchase can establish a US real property interest that will later be subject to FIRPTA when a foreign owner sells.
- Close and record title. Follow state and local transfer, deed, and closing requirements.
- Set up tax reporting from day one. Rental owners should decide how withholding, Section 871(d), bookkeeping, depreciation, and Form 1040-NR reporting will be handled.
The rules are the same starting point for buying property in United States markets from abroad: ownership permission does not replace tax planning before title is taken.
For a foreigner buying property in US markets as an investment, Steps 5, 8, and 10 can have consequences that continue throughout the entire holding period.
State-level property taxes and filing obligations for foreign owners
Real property taxes in the United States are predominantly imposed and administered by local governments, and citizenship usually does not exempt an owner from those taxes. Rates can differ sharply among counties, cities, school districts, and property classifications.
State property tax obligations should be considered alongside three other state-level issues:
- State income tax: Rental income from property located in a state can create a nonresident income-tax filing obligation where that state imposes individual income tax.
- Sale withholding: Some states impose their own nonresident real-estate withholding or estimated-tax rules when property is sold.
- Registration and business taxes: Entity owners and landlords can face state registration, franchise, excise, gross-receipts, or other requirements.
TFX's guide to state taxes and residency issues explains why federal and state filing rules have to be considered separately.
Florida and Texas do not impose a broad individual state income tax on ordinary personal income, but that does not mean ownership is tax-free. Local property taxes still apply, and an entity holding property can face separate state-level charges.
IRS compliance campaigns targeting foreign property owners
The IRS currently lists separate compliance campaigns for FIRPTA reporting and nonresident alien rental income from US real property. The rental campaign focuses on whether nonresident aliens are meeting their US reporting and filing obligations.
A foreign landlord whose rental income is not effectively connected with a US trade or business generally faces the 30% gross-income rule unless a treaty rate applies. A valid Section 871(d) election can instead permit attributable deductions and graduated tax on net income.
TFX has previously covered the IRS compliance campaign involving nonresident aliens with US real property.
An unfiled return can also leave assessment periods open in situations where the normal statute of limitations has not begun because the required return was never filed. The correct remediation depends on why the return was required, the taxpayer's status, and the years involved.
Catch up on unfiled US tax returns
If you are a US taxpayer abroad with non-willful foreign-income or asset-reporting failures, the Streamlined Foreign Offshore Procedures may provide a defined catch-up route. A nonresident foreign national with unfiled Form 1040-NR rental returns normally needs a different analysis.
Can foreign companies buy property in the USA?
Yes. Foreign corporations, partnerships, trusts, and foreign-owned US entities can acquire US real estate, but entity ownership can trigger additional federal returns and withholding rules that do not arise in a straightforward individual purchase.
The following four entity types illustrate the main differences:
- Foreign corporation: US real property income can be effectively connected income, and corporate ownership can create Form 1120-F, branch-profits-tax, FIRPTA, and treaty issues.
- Foreign partnership: US-source property income and dispositions can trigger partnership and partner-level withholding and reporting.
- Foreign trust: Ownership can create trust-level US tax issues, while Forms 3520 and 3520-A depend on the trust's classification and connections to US persons – they are not automatically required merely because a foreign trust owns US property.
- Foreign-owned US LLC: Federal classification depends on elections and number of owners. A foreign-owned US disregarded entity can be required to file Form 5472 with a pro forma Form 1120 when it has reportable transactions.
So, can foreign companies buy property in USA? Yes. The larger question is which structure produces the intended liability, income-tax, estate-tax, financing, treaty, and home-country result.
The answer to can foreign nationals buy property in US jurisdictions is also generally yes, subject to the property-specific federal and state restrictions discussed earlier.
Building your professional team as a foreign property buyer
A foreign buyer may need several professionals because the real estate contract, financing, federal tax, state law, title, and cross-border payment issues fall into different disciplines. Tax review should happen before ownership structure and closing documents become fixed.
The following six professionals can be relevant:
- A US real estate attorney familiar with international buyers
- A CPA, EA, or tax attorney experienced with nonresident alien taxation and FIRPTA
- A real estate agent familiar with international transactions, potentially including a CIPS designee
- A mortgage professional that works with foreign-national loan programs
- A title or settlement company experienced with foreign sellers and buyers
- A regulated foreign-exchange or banking provider for cross-border transfers
A US bank account for property purchase can simplify payments but is not, by itself, a federal condition for owning the property.
Inheriting US property as a foreign national
A foreign national who inherits US real property can become responsible for US tax and reporting as the property's new owner, while the decedent's estate may separately face Form 706-NA and transfer-certificate requirements. A later sale can also create US capital-gains tax and FIRPTA withholding.
Inherited property normally receives a basis determined under the federal rules applicable at death, often using fair market value at the date of death. That basis can materially affect the gain recognized when the heir later sells.
TFX's guide to capital gains tax on inherited property explains how basis can affect a later disposition.
US property inheritance tax terminology can be confusing because federal estate tax is generally imposed on the transfer from the estate, while income tax applies separately if the heir later earns rent or sells the property for a taxable gain.
The executor should determine whether Form 706-NA and an IRS transfer certificate are required before assets are distributed. The heir should then establish records for basis, depreciation if rented, property taxes, and future FIRPTA reporting.
Get a foreign national tax return prepared by TFX
Foreign owners with US rental income or a property sale may need Form 1040-NR, Schedule E, and FIRPTA reconciliation.
Frequently asked questions
Yes. A person does not need a US visa merely to purchase and own ordinary US real estate. A visa or other immigration status is a separate issue governing entry into and residence in the United States.
This is also the direct answer to are foreigners allowed to buy property in USA – ordinarily yes, but state foreign-ownership laws and federal national-security restrictions can apply to particular buyers or properties.
Not automatically. The actual federal income tax depends on the seller's gain and tax classification, but FIRPTA withholding generally applies when a foreign person disposes of a US real property interest.
TFX's guide to capital gains tax on foreign property explains related capital-gain concepts, although the FIRPTA rules for a nonresident selling US-situs property must be analyzed separately.
Yes. A foreign national mortgage can be available even without a conventional US credit history. The required down payment, interest rate, reserves, income evidence, and property restrictions depend on the lender rather than a single federal percentage.
For someone buying property in America with financing, compare the full underwriting requirements before relying on a quoted headline rate.
FIRPTA is the Foreign Investment in Real Property Tax Act. It generally requires the buyer to withhold 15% of the amount realized when a foreign person sells a covered US real property interest, subject to statutory exceptions and possible IRS withholding certificates.
A withholding certificate can reduce or eliminate withholding when the IRS approves a different amount.
Not solely to take title. An ITIN becomes relevant when a foreign person who is not eligible for an SSN needs a US taxpayer identification number for a federal tax purpose, such as filing Form 1040-NR or handling certain FIRPTA matters.
That distinction matters when buying a property in the USA by a foreigner because ownership and federal tax identification are separate legal questions.
Yes. Foreign corporations and other entities can acquire property, subject to federal and state restrictions. The resulting tax filing can involve Form 1120-F, Form 5472, FIRPTA, partnership rules, or trust rules depending on the entity.
A US-created LLC is exempt from FinCEN's current BOI reporting requirement, although certain qualifying foreign entities registered to do business in the United States remain covered.
US real property owned directly by a nonresident noncitizen is generally a US-situs asset for federal estate-tax purposes. Form 706-NA generally has a $60,000 US-situs filing threshold, while treaty provisions can change the result for eligible estates.
For deaths in 2026, the corresponding basic exclusion amount for US citizens and US domiciliaries is $15 million.
State law can prohibit or restrict acquisitions by specified foreign persons or entities, particularly involving agricultural land, military-adjacent property, critical infrastructure, or designated foreign governments.
Anyone buying property in the United States as a foreigner should check the current statute in the property's state immediately before signing because these laws have changed rapidly in recent years.
When asking can foreigners buy property in America – the federal baseline permits ordinary ownership, but location and buyer identity can create exceptions.
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